Plaintiff's Memorandum In Support Of Its Motion For Leave To File A Surrebuttal : U.S. V. Microsemi Corporation

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

MICROSEMI CORPORATION,

                  Defendant.


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Civil Action No. 1:08 CV 1311
Judge: Trenga, Anthony J.
Filed: February 12, 2009

Hearing Date: February 20, 2009

PLAINTIFF'S MEMORANDUM IN SUPPORT OF ITS MOTION FOR
LEAVE TO FILE A SURREBUTTAL

Plaintiff United States, through its undersigned counsel, respectfully requests that this Court grant Plaintiff leave to file a surrebuttal in connection with Defendant Microsemi's Motion to Dismiss for Improper Venue, Motion to Dismiss for Lack of Personal Jurisdiction, or, in the Alternative, Motion to Transfer Venue. This relief is sought pursuant to Local Civil Rule 7(F)(1).

On January 21, 2009, Defendant filed its Motion to Dismiss for Improper Venue, Motion to Dismiss for Lack of Personal Jurisdiction, or, in the Alternative, Motion to Transfer Venue. On February 4, 2009, Plaintiff filed an opposition to that motion, and on February 9, 2009, Defendant filed a rebuttal memorandum. In its rebuttal memorandum, Defendant argues for the first time that its contacts with the forum do not satisfy constitutional due process requirements. (See Def.'s Reb. Mem. pp. 2-9.) Plaintiff seeks a fair opportunity to respond to this argument. See Vasquez v. The Paul Revere Life Ins. Co., 289 F. Supp. 2d 727, 728 (E.D. Va. 2001) (noting that the defendant filed a surrebuttal because the plaintiff's rebuttal raised arguments that the defendant had not had the opportunity to address). Plaintiff requests that the Court accept the attached surrebuttal (Exhibit A).

Accordingly, the Plaintiff respectfully requests that the Court enter an order granting Plaintiff leave to file a surrebuttal to Defendant Microsemi's Motion to Dismiss for Improper Venue, Motion to Dismiss for Lack of Personal Jurisdiction, or, in the Alternative, Motion to Transfer Venue.

Dated: February 12, 2009 Respectfully submitted,
_______________/s/________________
LOWELL STERN (VA Bar #33460)
Counsel for the United States
Trial Attorney
Antitrust Division, Litigation II Section
United States Department of Justice
1401 H Street, N.W., Suite 3000
Washington, D.C. 20530
(202) 514-3676
(202) 307-6283 (fax)
Lowell.Stern@usdoj.gov

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 12th day of February, 2009, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing (NEF) to the following:

Brian A. O'Dea
Michael Antalics
Benjamin G. Bradshaw
William T. Buffaloe

O'Melveny & Meyers LLP
1625 Eye Street, N.W.
Washington, DC 20006

    _______________/s/________________
LOWELL STERN (VA Bar #33460)
Counsel for the United States
Trial Attorney
Antitrust Division, Litigation II Section
United States Department of Justice
1401 H Street, N.W., Suite 3000
Washington, D.C. 20530
(202) 514-3676
(202) 307-6283 (fax)
Lowell.Stern@usdoj.gov

Updated August 14, 2015